The pipe dream of repealing the Second Amendment

21 February 2018

NormanL

Picking up on our earlier post regarding some of the historical context for the Second Amendment...for serious gun control advocates, the only way to reach their goal (a gun free society) is to repeal that Amendment. Unless that happens, the constitutional bulwark recognizing an individual right to bear arms thwarts them.

So why haven't we seen a serious repeal effort? As National Review's Charles C.W. Cooke wrote in 2015, it would take back-breaking effort to repeal part of the Bill of Rights:

You can’t just sit online and preen to those who already agree with you. No siree. Instead, you’ll have to go around the states — traveling and preaching until the soles of your shoes are thin as paper. You’ll have to lobby Congress, over and over and over again. You’ll have to make ads and shake hands and twist arms and cut deals and suffer all the slings and arrows that will be thrown in your direction. You’ll have to tell anybody who will listen to you that they need to support you; that if they disagree, they’re childish and beholden to the “gun lobby”; that they don’t care enough about children; that their reverence for the Founders is mistaken; that they have blood on their goddamn hands; that they want to own firearms only because their penises are small and they’re not “real men.” And remember, you can’t half-ass it this time. You’re not going out there to tell these people that you want “reform” or that “enough is enough.” You’re going there to solicit their support for removing one of the articles within the Bill of Rights. Make no mistake: It’ll be unpleasant strolling into Pittsburgh or Youngstown or Pueblo and telling blue-collar Democrat after blue-collar Democrat that he only has his guns because he’s not as well endowed as he’d like to be. It’ll be tough explaining to suburban families that their established conception of American liberty is wrong. You might even suffer at the polls because of it. But that’s what it’s going to take. So do it. Start now. Off you go.

And that is the easy part:

There’ll still be a lot of work to be done. As anybody with a passing understanding of America’s constitutional system knows, repealing the Second Amendment won’t in and of itself lead to the end of gun ownership in America. Rather, it will merely free up the federal government to regulate the area, should it wish to do so. Next, you’ll need to craft the laws that bring about change — think of them as modern Volstead Acts — and you’ll need to get them past the opposition. And, if the federal government doesn’t immediately go the whole hog, you’ll need to replicate your efforts in the states, too, 45 of which have their own constitutional protections. Maybe New Jersey and California will go quietly. Maybe. But Idaho won’t. Louisiana won’t. Kentucky won’t. Maine won’t. You’ll need to persuade those sovereignties not to sue and drag their heels, but to do what’s right as defined by you. Unfortunately, that won’t involve vague talk of holding “national conversations” and “doing something” and “fighting back against the NRA.” It’ll mean going to all sorts of groups — unions, churches, PTAs, political meetings, bowling leagues — and telling them not that you want “common-sense reforms,” but that you want their guns, as in Australia or Britain or Japan. Obviously, the Republicans aren’t going to help in this, so you’ll need to commandeer the Democratic party to do it. That means you’ll need their presidential candidates on board. That means you’ll need to make full abolition the stated policy of the Senate and House caucuses. That means you’ll need the state parties to sign pledges promising not to back away if it gets tough. And if they won’t, you’ll need to start a third party and accept all that that entails.

But there's still the stickiest point of all -- enforcing the new gun free regime:

No, not in the namby-pamby, eh-we-don’t-really-want-to-fund-it way that Prohibition was enforced. I mean enforce it — with force. When Australia took its decision to Do Something, the Australian citizenry owned between 2 and 3 million guns. Despite the compliance of the people and the lack of an entrenched gun culture, the government got maybe three-quarters of a million of them — somewhere between a fifth and a third of the total. That wouldn’t be good enough here, of course. There are around 350 million privately owned guns in America, which means that if you picked up one in three, you’d only be returning the stock to where it was in 1994. Does that sound difficult? Sure! After all, this is a country of 330 million people spread out across 3.8 million square miles, and if we know one thing about the American people, it’s that they do not go quietly into the night. But the government has to have their guns. It has to. The Second Amendment has to go.

#related#You’re going to need a plan. A state-by-state, county-by-county, street-by-street, door-to door plan. A detailed roadmap to abolition that involves the military and the police and a whole host of informants — and, probably, a hell of a lot of blood, too. Sure, the ACLU won’t like it, especially when you start going around poorer neighborhoods. Sure, there are probably between 20 and 30 million Americans who would rather fight a civil war than let you into their houses. Sure, there is no historical precedent in America for the mass confiscation of a commonly owned item — let alone one that was until recently constitutionally protected. Sure, it’s slightly odd that you think that we can’t deport 11 million people but we can search 123 million homes. But that’s just the price we have to pay. Times have changed. It has to be done: For the children; for America; for the future. Hey hey, ho ho, the Second Amendment has to go. Let’s do this thing.

These are real obstacles. But surely, a determined movement with the polling, emotional pull, and cash behind it could not only surmount each one of them -- in short order -- but deliver us to a violence-free future.

But none of this will happen. That would require more grueling hard work, over the course of years, if not decades, than most modern activists can comprehend. Instead, they will rail against the Second Amendment, demonize (and criminalize) law abiding gun owners and their advocacy groups, and push for measures that will do nothing to prevent evil from finding a way to inflict harm.